COVID-19: Courts taking further steps to facilitate applications & hearings

Commercial Court

A recent Commercial Court decision highlights that the courts in Ireland are willing to be flexible in order to get work done.  In Clariant AG and Clariant Plastics & Coatings (Ireland) Limited [2020] IEHC 182, Mr Justice Barniville considered an application to enter proceedings in the Commercial List on the basis of a paper application and without the necessity for oral submission.  In the context of the ongoing restrictions and in circumstances where all parties consent, it is envisaged that further entry applications will be dealt with by way of paper submission.

Mr Justice Barniville noted that the applicant in this case was eager to have the substantive application dealt with by way of remote hearing.  However, Mr Justice Barniville noted that as the number of parties in this case was small, it should be possible to hold a physical hearing, observing social distancing.

Supreme court guidance

Separately, on 23 April the Supreme Court issued guidance for participants at remote Supreme Court hearings.  The guidance note sets out the information to be provided to the court by email, and the deadlines for provision of such information.  Questioning during submissions will be kept to a minimum and each team should set up their own separate means of communication amongst themselves, for example by WhatsApp.

Comment

It is encouraging to see the Courts Service continuing to take steps to alleviate what represents the effective shut down of the Courts during the COVID-19 crisis.

For more information please get in touch with Sharon Delaney (Litigation).

To discuss any other COVID-19 related issues impacting your business, please get in touch with Damian Maloney (Corporate and Commercial), Edward Evans (Corporate & Commercial), Aidan Marsh (Commercial Property), Gerry Gallen (Commercial Property), Sandra Masterson Power (Employment), Paul Gough (Employment), Dorit McCann (EU, Competition & Procurement), Fidelma McManus (Housing), Barry Cahir (Litigation and Insolvency), Thomas O'Dwyer (Litigation), or your usual Beauchamps contact.